Assembly Bill A5317

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5317

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2009
                               ___________

Introduced  by  M. of A. BRADLEY, PAULIN, LATIMER, BALL -- read once and
  referred to the Committee on Codes

AN ACT to amend the penal law, in relation  to  authorizing  the  county
  clerk  to grant amendments to firearms licenses, under the Westchester
  county handgun record-keeping and accountability act

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions  5 and 9 of section 400.00 of the penal law,
subdivision 5 as amended by chapter 332 of the laws of 1994 and subdivi-
sion 9 as amended by chapter 172 of the laws of  1973,  are  amended  to
read as follows:
  5.  Filing  of approved applications. The application for any license,
if granted, shall be filed by the licensing officer with  the  clerk  of
the  county of issuance, except that in the city of New York and, in the
counties of Nassau and Suffolk, the licensing  officer  shall  designate
the  place  of filing in the appropriate division, bureau or unit of the
police department thereof, and in the county of Suffolk the county clerk
is hereby authorized to transfer all records or applications relating to
firearms to the licensing authority of that county. The name and address
of any person to whom an application for any license  has  been  granted
shall be a public record. Upon application by a licensee who has changed
his  OR  HER  place  of  residence such records or applications shall be
transferred to the appropriate officer at the licensee's  new  place  of
residence.  A  duplicate  copy of such application shall be filed by the
licensing officer in the executive department, division of state police,
Albany, within ten days after issuance of the license; PROVIDED,  HOWEV-
ER,  THAT  IN  THE  COUNTY  OF WESTCHESTER THE COUNTY CLERK SHALL FILE A
DUPLICATE COPY OF SUCH APPLICATION WITH THE EXECUTIVE DEPARTMENT,  DIVI-
SION  OF  STATE  POLICE,  ALBANY  WITHIN  TEN DAYS AFTER ISSUANCE OF THE
LICENSE.  Nothing in this subdivision shall be construed to  change  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08929-01-9

              

A. 5317                             2

expiration  date  or  term of such licenses if otherwise provided for in
law.
  9. License: amendment. Elsewhere than in the city of New York OR COUN-
TY  OF  WESTCHESTER,  a  person licensed to carry or possess a pistol or
revolver may apply at any time to  his  OR  HER  licensing  officer  for
amendment  of his OR HER license to [include] ADD one or more such weap-
ons or to [cancel] REMOVE weapons held  under  license.  If  granted,  a
record  of  the amendment describing the weapons involved shall be filed
by the licensing officer in the executive department, division of  state
police,  Albany.    IN  THE  COUNTY OF WESTCHESTER, A PERSON LICENSED TO
CARRY OR POSSESS A PISTOL OR REVOLVER MAY APPLY AT ANY TIME TO THE COUN-
TY CLERK OF SUCH COUNTY FOR AMENDMENT TO HIS OR HER LICENSE TO  ADD  ONE
OR  MORE  SUCH WEAPONS OR TO REMOVE WEAPONS HELD UNDER THE LICENSE. SUCH
AMENDMENT SHALL BE GRANTED IMMEDIATELY BY THE COUNTY CLERK OF THE COUNTY
OF WESTCHESTER, AND A RECORD OF THE  AMENDMENT  DESCRIBING  THE  WEAPONS
INVOLVED SHALL BE FILED BY SUCH CLERK IN THE EXECUTIVE DEPARTMENT, DIVI-
SION  OF  STATE  POLICE, ALBANY. Notification of any change of residence
shall be made in writing by any licensee  within  ten  days  after  such
change  occurs,  and  a record of such change shall be inscribed by such
licensee on the reverse side of his OR HER license.  Elsewhere  than  in
the  city  of New York, and in the counties of Nassau [and], Suffolk AND
WESTCHESTER, such notification shall be made to  the  executive  depart-
ment,  division  of state police, Albany, and in the city of New York to
the police commissioner of that city, and in the county of Nassau to the
police commissioner of that county, and in the county of Suffolk to  the
licensing  officer of that county, who shall, within ten days after such
notification shall be received by him OR HER, give notice in writing  of
such  change  to  the executive department, division of state police, at
Albany. IN THE COUNTY OF WESTCHESTER, A  PERSON  LICENSED  TO  CARRY  OR
POSSESS A PISTOL OR REVOLVER SHALL NOTIFY THE COUNTY CLERK OF SUCH COUN-
TY  OF HIS OR HER CHANGE OF RESIDENCE IN WRITING WITHIN TEN DAYS OF SUCH
CHANGE, AND SUCH COUNTY CLERK SHALL  GIVE  NOTICE  IN  WRITING  OF  SUCH
CHANGE TO THE EXECUTIVE DEPARTMENT, DIVISION OF STATE POLICE, AT ALBANY,
WITHIN  TEN  DAYS OF SUCH CLERK'S RECEIPT OF NOTIFICATION OF A CHANGE OF
RESIDENCE. THE CHANGE OF RESIDENCE AMENDMENT SHALL BE GRANTED IMMEDIATE-
LY BY THE COUNTY CLERK OF THE COUNTY OF WESTCHESTER.
  S 2. This act  shall  take  effect  immediately  and  shall  apply  to
licenses issued on or after such date.